Legal Opinion

Knights Templars & Masons Life Indemnity Co. v. Vail

Illinois Supreme Court

Decided December 16, 1903PublishedCited by 13 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county in favor of appellee, and against appellant, for $5392.50, in an action of assumpsit on a benefit insurance certificate.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county in favor of appellee, and against appellant, for $5392.50, in an action of assumpsit on a benefit insurance certificate. The cause was heard upon a stipulation of facts, and with an agreement that all pleadings, other than the declaration, should be waived and the cause disposed of…

1Opinion of the CourtJustice Ricks

The appellant does not claim that sections 2 and 3 of article 7 of the constitution of the company were changed or modified after the certificate or policy in question was issued, but contends that the bond is in substantial compliance and" conformity with those sections; and further contends that if it be held that the bond is more favorable to it than the constitution authorized, or is not in substantial conformity to the constitution, then the rights of the parties were fixed by the terms of the bond as a matter of contract, and that the acceptance of the bond by the assured was, as to all…

2Cases cited10 opinions

  1. Coverdale v. Royal ArcanumIllinois Supreme Court · 1901
  2. Union Mutual Accident Ass'n v. FrohardIllinois Supreme Court · 1890
  3. Chicago Life Insurance v. WarnerIllinois Supreme Court · 1875
  4. Shakman v. United States Credit System Co.Wisconsin Supreme Court · 1896
  5. Supreme Lodge Order of Mutual Protection v. MeisterIllinois Supreme Court · 1903

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3Cited by13 opinions

  1. D. B. Loveman Co. v. BaylessTennessee Supreme Court · 1913
  2. Pelcak v. BartosAppellate Court of Illinois · 1946
  3. Harris v. Sovereign Camp of the Woodmen of the World, Inc.Appellate Court of Illinois · 1939
  4. Mahaffey Ex Rel. Mahaffey v. MahaffeyCourt of Appeals of Tennessee · 1932
  5. Clifford v. Catholic Mutual Benefit Ass'nMichigan Supreme Court · 1919

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